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2023 Supreme(Cal) 373

RAJA BASU CHOWDHURY
SAJ Food Products Private Limited – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Soumya Majumder, Mr. Mainak Ganguly.
For the Respondents: Mr. Susanta Pal, Mr. Prabir Kumar Roy, Mr. Suvadip Bhattacharjee, Mr. Balaram Patra.

JUDGMENT :

Raja Basu Chowdhury, J.

1. The present writ application has been filed, inter alia, challenging the order no.107 dated 15th December, 2016 passed by the First Labour Court, West Bengal, in Case No. 02/2002/10(1B)(d), by which the application for amendment of the written statement filed by the respondent no.3 has been allowed.

2. The respondent no.3, in usual course, was appointed as a Chemist on 10th October, 2000 with the SAJ Industries Private Limited and was on probation at the relevant point of time. The terms of appointment of respondent no.3 would appear from the letter of appointment dated 8th October, 2000. While on probation, the service of the respondent no.3 was terminated by an order dated 18th April, 2001.

3. Dissatisfied with the order of termination, the respondent no.3 approached the Assistant Labour Commissioner and the conciliation having failed, the respondent no.3 approached the First Labour Court by filing an application under Section 10(1B)(d) of the Industrial Disputes Act, 1947 (hereinafter referred to as the “said Act”) as amended by West Bengal Act 33 of 1989. Since then, on the basis of the direction issued by the First Labour Court, both the respo

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